Blog
Employer/Carrier Paid Costs
Ryan Knight, Associate, Miami For as long as most people in the industry can remember, the standard response on all petitions for benefits was “No PICA due or owing.” That all changed, however, with Judge Hedler’s opinion in Alfronseca v. Marco Barquero Painting,...
Could Data From a Claimant’s Fitbit Be More Useful Than Surveillance?
Chris Niemiec, Partner, Jacksonville I recently took the deposition of a Claimant who was alleging a knee injury with ongoing complaints of pain and difficulty walking. To my surprise, he was wearing a Fitbit device on his wrist during the deposition....
Briefly Speaking – Case Law Summaries (1/21/19)
William R. Kogler v. City of Palm Coast and FL League of Cities/Work Comp Claims Department JCC Anderson: Daytona Beach District Order Date: 12/27/18 OJCC Case: # 18-005944 ...
Morgan’s Tip of the Week – Ping Pong
Greetings, “Burden of proof” is one of those legal terms we defense attorneys throw around, but I have had the issue come up recently on compensability questions so thought it would make a good tip. Basically, it means who has to prove what. Think of the game of...
Briefly Speaking – Attorney Fee Issue (1/14/19)
Brian Phillips v. J.H. Williams Oil JCC Beck: Sarasota District Order Date: December 4, 2018 OJCC Case: 15-006114 JCC Order: Click Here Claimant’s Counsel: Rosemary B. Eure E/C’s Counsel: Mitchell R....
Morgan’s Tip of the Week – Medical Necessity Defense
Greetings and welcome to 2019, In the last week I have had the “3-day” and “10-day” rule argued in two cases, so here is a refresher. Under 440.13(3)(d) and (i), the carrier has to “respond” to a written request from the authorized provider in 3 days (if the...
Injuries Suffered at Holiday Parties
By: Mallorie Milord, Associate, Miami The holiday season is always a time that brings people in the workplace together. Whether your office is hosting a potluck holiday party at the office, at a co-worker’s house, or at a nice restaurant, it’s bound to be a good...
I Thought We Were On A Break?
By: Kenny Bishop, Associate, Atlanta Generally speaking, a Georgia Workers’ Compensation injury is compensable when an employee is injured while engaged in reasonable ingress or egress, and an injury is not compensable when an employee is injured while on a...
‘Tis the Season…al Employee
By: Chelsea England Leonard, Associate, Orlando As the holiday season heats up, a parallel surge of hiring seasonal staff may have already reached its boiling point. ‘Tis the season of the seasonal employee. The emergence of the seasonal employee brings with it...
Morgan’s Tip of the Week – DOAH Annual Stats
Greetings, DOAH has published their annual report for fiscal year 2017-2018 (July 1-June 30). The link is attached but do not hit print unless you want 297 pages. Overall, the number of new litigated files is down slightly from the last year, 30,470, down 2.7%. ...